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District Court, W.D. Missouri · Nov 30, 2018
that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 0 timesUnknownDistrict Court, W.D. Missouri · Nov 30, 2018
that right was clearly established at the time of the employee’s firing.” … Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing
Cited 0 timesUnknownMills v. Cole Do Not File in this Case - Case Consolidated, file in Case No. 18-CV-03241-SRB .
District Court, W.D. Missouri · Nov 30, 2018
Regarding step two of the qualified immunity analysis, “[f]or a constitutional right to be clearly established, its contours ‘must be sufficiently clear that a reasonable official would understand that what he is doing … ] was not entitled to qualified immunity”), and Nord, 757 F.3d at 744 (because government’s interests outweighed the deputy sheriff’s under Pickering-Connick, county sheriff’s “actions did not violate a clearly established
Cited 0 timesUnknownMORAN v. HAWTHORNE POLICE DEPARTMENT
District Court, D. New Jersey · Mar 18, 2025
The Officer Defendants contend that they are entitled to qualified immunity. However, those arguments presently “rest on what are currently contested factual averments.” Velardo v. … City of Elizabeth, 436 F. 3d 397, 405 (3d Cir. 2006) (“Although qualified immunity is a question of law determined by the Court, when qualified immunity depends on disputed issues of fact, those issues must be determined
Cited 0 timesUnknownNiewolak v. CITY OF HIGHLAND PARK, MI
District Court, E.D. Michigan · Jul 19, 2022
With respect to qualified immunity, as to the “clearly established” prong, “[t]he law is clear in this Circuit regarding the prohibition against excessively forceful handcuffing.” Baynes v. … City of Troy, 247 F.3d 633, 641 (6th Cir. 2001) (the right to be free from “excessively forceful handcuffing” is clearly established for qualified immunity purposes).
Cited 0 timesUnknownDistrict Court, W.D. Wisconsin · Mar 14, 2025
Even if prison officials violate the Constitution, they are entitled to qualified immunity absent proof of a violation of clearly established law. Tousis v. Billiot, 84 F.4th 692, 698 (7th Cir. 2023). … Thus, the court must deny summary judgment as to both, including on qualified immunity grounds. See Hardeman v.
Cited 0 timesUnknown623 F.3d 975 · Court of Appeals for the Ninth Circuit · Oct 7, 2010
Luchtel has not shown that the use of the officers’ bodies and handcuffs in the manner deployed violated a clearly established constitutional right. See Pearson, 129 S.Ct. at 815 . … A reasonable police officer could properly believe that the use of this level of force would not violate a clearly established constitutional right. See Jackson, 268 F.3d at 653 n. 5; see also Malley v.
Cited 100 timesPublishedFeis v. KING COUNTY SHERIFF'S DEPT.
165 Wash. App. 525 · Court of Appeals of Washington · Dec 19, 2011
resolution of a qualified immunity claim is essential." … established right so as to rebut the officers' assertion of qualified immunity.
Cited 17 timesPublishedSTATE OF NEW JERSEY VS. CHRISTOPHER KIM (16-07-0591 AND 17-02-0115, PASSAIC COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Aug 21, 2018
at 123 (analyzing the exemption in the context of a claim of qualified immunity). … at 343 (holding "it is only when the facts known to the prosecutor clearly indicate or clearly establish the appropriateness of an instruction that the duty of the prosecution arises"); cf. State v.
Cited 0 timesUnpublishedCourt of Appeals for the Second Circuit · Dec 23, 2024
Officers are entitled to qualified immunity “if either (a) the defendant’s action did not violate clearly established law, or (b) it was objectively reasonable for the defendant to believe that his action 1 Thomas … be granted to the defendant on the basis of qualified immunity.”).
Cited 0 timesUnpublished845 P.2d 346 · Wyoming Supreme Court · Dec 2, 1992
Creighton, 483 U.S. 635, 639-40 , 107 S.Ct. 3034, 3038-39 , 97 L.Ed.2d 523 (1987), the Court took up the question of what constitutes a “clearly established legal rule” for purposes of qualified immunity: The operation of … action is a violation) violates a clearly established right.
Cited 25 timesPublishedCourt of Appeals for the Fifth Circuit · May 2, 2019
The district court granted summary judgment to the officials based on qualified immunity, holding that the threat of criminal prosecution wasn’t “other legal process” under clearly established law. Reed appealed. … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’
Cited 0 timesPublishedBrent Jacoby v. Baldwin County
835 F.3d 1338 · Court of Appeals for the Eleventh Circuit · Aug 29, 2016
“In this [C]ircuit, the law can be ‘clearly established’ for qualified immunity purposes only by decisions of the U.S. … And Magluta looked to Hewitt to determine whether the liberty interest was clearly established for the purposes of the defendants’ qualified-immunity claim. See id. at 1283–84.
Cited 106 timesPublishedDistrict Court, M.D. Pennsylvania · Feb 21, 2023
Thus, the court may forego difficult constitutional issues and award qualified immunity to a defendant if it is apparent that the defendant did not violate rights that were clearly established at the time the defendant … “If neither source provides relevant caselaw, we consider whether ‘a robust consensus of cases of persuasive authority in the Court of Appeals could clearly establish a right for purposes of qualified immunity.’ Id.
Cited 0 timesUnknownBRYHEIM JAMAR BASKIN VS. RAFAEL MARTINEZ (L-0901-14, CAMDEN COUNTY AND STATEWIDE)
New Jersey Superior Court Appellate Division · Sep 14, 2018
"The doctrine of qualified immunity operates to shield 'government officials performing discretionary functions generally . . . from liability for civil damages insofar as their conduct does not violate clearly established … Ct. 1765, 1776 (2015) ("Qualified immunity is no immunity at all if 'clearly established' law can simply be defined as the right to be free from unreasonable searches and seizures.").
Cited 0 timesUnpublished284 F. App'x 279 · Court of Appeals for the Sixth Circuit · Jul 1, 2008
a violation of clearly established law.” … When constitutional violations are not clearly established, state officials are entitled to qualified immunity. Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001).
Cited 31 timesUnpublishedJoseph Walton, as Next Friend of Christopher Walton, a Minor v. Alma Alexander, Alma Alexander
20 F.3d 1350 · Court of Appeals for the Fifth Circuit · Jul 1, 1994
State officials are protected by qualified immunity for alleged constitutional torts if their conduct does not violate clearly established law effective at the time of the alleged tort. Harlow v. … Therefore, the first step in examining a defendant’s claim of qualified immunity is to determine whether the plaintiff has “al-leg[ed] the violation of a clearly established constitutional right.” Siegert v.
Cited 31 timesPublishedDistrict Court, D. Connecticut · Jun 27, 2025
Defendants bear of the burden of establishing qualified immunity. Outlaw v. … The defendants have not met their burden of establishing qualified immunity at the pleadings stage.
Cited 0 timesUnknownDistrict Court, N.D. Texas · Feb 1, 2021
Serpas, 745 F.3d 767, 771 (Sth Cir. 2014) (“Once the defendant raises the qualified immunity defense, ‘the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct … violated clearly established law.’”
Cited 0 timesUnknownDistrict Court, D. New Jersey · Aug 7, 2024
But even if this were addressed, it is not clear that the Plaintiff could get over the qualified immunity hurdle here. … (1) violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”)
Cited 0 timesUnknown
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